[Federal Register: December 20, 2006 (Volume 71, Number 244)]
[Rules and Regulations]
[Page 76204-76206]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de06-21]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 710
[EPA-HQ-OPPT-2006-0981; FRL-8109-9]
RIN 2070-AC61
2006 Reporting Notice and Amendment; Partial Updating of TSCA
Inventory Database; Chemical Substance Production, Processing, and Use
Site Reports
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; Amendment; Notice of submission period extension.
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SUMMARY: EPA is amending the Toxic Substances Control Act (TSCA)
Inventory Update Reporting (IUR) regulations by extending the
submission deadline for 2006 reports from December 23, 2006 to March
23, 2007. This is a one-time extension for the 2006 submission period
only. The IUR requires manufacturers and importers of certain chemical
substances included on the TSCA Chemical Substance Inventory to report
current data on the manufacturing, processing, and use of the
substances.
DATES: This final rule is effective December 20, 2006. The 2006 IUR
submission period is extended to run from December 23, 2006 to March
23, 2007.
ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPPT-2006-0981. All documents in the
docket are listed on the regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. The EPA Docket Center (EPA/
DC) suffered structural damage due to flooding in June 2006. Although
the EPA/DC is continuing operations, there will be temporary changes to
the EPA/DC during the clean-up. The EPA/DC Public Reading Room, which
was temporarily closed due to flooding, has been relocated in the EPA
Headquarters Library, Infoterra Room (Rm. 3334) in the EPA West Bldg.,
located at 1301 Constitution Ave., NW., Washington,
[[Page 76205]]
DC. The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays. The telephone number
for the EPA/DC Public Reading Room is (202) 566-1744, and the telephone
number for the OPPT Docket is (202) 566-0280. EPA visitors are required
to show photographic identification and sign the EPA visitor log.
Visitors to the EPA/DC Public Reading Room will be provided with an
EPA/DC badge that must be visible at all times while in the EPA
Building and returned to the guard upon departure. In addition,
security personnel will escort visitors to and from the new EPA/DC
Public Reading Room location. Up-to-date information about the EPA/DC
is on the EPA website at http://www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address:
TSCA-Hotline@epa.gov.
For technical information contact: Susan Sharkey, Economics,
Exposure, and Technology Division (7406M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 564-8789; e-mail address: sharkey.susan@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
You may be potentially affected by this action if you manufacture
(defined by statute at 15 U.S.C. 2602(7) to include import) chemical
substances, including inorganic chemical substances, subject to
reporting under IUR regulations at 40 CFR part 710. Any use of the term
``manufacture'' in this document will encompass import, unless
otherwise stated.
Potentially affected entities may include, but are not limited to:
Chemical manufacturers and importers subject to IUR reporting,
including chemical manufacturers and importers of inorganic chemical
substances (NAICS codes 325, 32411).
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. To determine
whether you or your business may be affected by this action, you should
carefully examine the applicability provisions in 40 CFR 710.48. If you
have any questions regarding the applicability of this action to a
particular entity, consult the technical person listed under FOR
FURTHER INFORMATION CONTACT.
II. Background
A. What Action is the Agency Taking?
EPA is issuing this amendment to extend the 2006 submission period
for IUR reporting until March 23, 2007. The December 19, 2005,
Inventory Update Reporting Revisions Final Rule designated the IUR
submission period to be August 25, 2006 to December 23, 2006. A
subsequent Federal Register document was published on September 11,
2006 (71 FR 53335) (FRL-8088-5), again providing notice of the need to
report and reiterating the August 25 to December 23, 2006, submission
period. The Agency is taking this action in response to concerns raised
by the regulated community about their ability to submit the required
information within the prescribed period. Written requests to extend
the IUR submission period are included in the docket (see ADDRESSES).
The compelling concerns raised by industry include the timing of
guidance finalization, issues associated with the reporting software,
and issues associated with first-time reporting for inorganic chemical
substances.
1. Guidance documents. The guidance documents available to the
regulated community prior to the submission period were draft final
documents, which EPA did not finalize until about 2 months after the
beginning of the submission period.
2. Reporting software. The Agency provided reporting software for
the regulated community to use to complete the IUR reporting form. Some
members of the regulated community have had difficulty with the
reporting software, resulting in the need to recompile their
information and spend significant time troubleshooting their systems.
3. First-time reporting for inorganic chemical substances. Members
of the regulated community associated with the manufacturing (including
importing) of inorganic chemical substances have many new and/or
complex questions concerning the reportability and chemical
identification of inorganic substances. EPA agrees that there are many
aspects of manufacturing inorganic chemical substances that are quite
different from those that exist in the realm of organic chemical
substances, which had comprised the previous IUR reporting. Concerns
were raised about the length of time needed to determine the answers to
these complex questions.
EPA believes it is appropriate to extend the reporting period to
allow the reporters associated with inorganic chemical substances to
determine their reporting obligations and to allow the regulated
community to adjust to the new software and submit their reports.
B. What is the Agency's Authority for Taking this Action?
The IUR rule is issued pursuant to the authority of section 8(a) of
TSCA, 15 U.S.C. 2607(a). The regulations for this rule are located at
40 CFR part 710, subpart C. In the Federal Register of January 7, 2003
(68 FR 848) (FRL-6767-4), EPA promulgated extensive amendments to the
IUR regulation (2003 Amendments) to collect exposure-related
information associated with the manufacturing, processing, and use of
eligible chemical substances and to make certain other changes.
Under section 553(b)(3)(B) of the Administrative Procedure Act
(APA), 5 U.S.C. 553(b)(3)(B), the Agency may issue a final rule without
a prior proposal if it finds that notice and public participatory
procedures are impracticable, unnecessary, or contrary to the public
interest. In this case, for the extension sought, the Agency does find
that normal notice and public process rulemaking is unnecessary.
The Agency believes that this one-time extension is not of
significant impact to the public. This action does not alter the
substantive IUR reporting requirements in any way. The Agency also
believes the one-time extension will not result in a significant delay
in the processing and availability of IUR information to potential
users. Further, this action is consistent with the public interest
because it is designed to facilitate compliance with the IUR rule and
to ensure that the 2006 collection includes accurate data on chemical
manufacturing, processing, and use in the United States. Finally, any
impact on the regulated community is expected to be beneficial given
that the one-time extension provides additional time to submit IUR
reports to EPA.
Similarly, under section 553(d) of the APA, 5 U.S.C. 553(d), the
Agency may make a rule immediately effective ``for good cause found and
published with the rule.'' For the reasons discussed in this unit, EPA
believes that there is ``good cause'' to make this amendment effective
upon publication in the Federal Register.
[[Page 76206]]
III. Statutory and Executive Order Reviews
A. Executive Order 12866
This action is classified as a final rule because it makes an
amendment to the Code of Federal Regulations (CFR). The amendment to
the CFR is necessary to allow for a one-time extension to the 2006
reporting IUR period. This action does not impose any new requirements
or amend substantive requirements. This action is not subject to review
by the Office of Management and Budget (OMB) under Executive Order
12866, entitled Regulatory Planning and Review (58 FR 51735, October 4,
1993).
B. Paperwork Reduction Act
This final rule does not contain any information collections
subject to OMB approval under the Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq.
C. Regulatory Flexibility Act
Because this action does not impose any new requirements or amend
the substantive requirements, EPA certifies this action will not have a
significant economic impact on a substantial number of small entities
and there will be no adverse impact on small entities resulting from
this action under section 605(b) of the Regulatory Flexibility Act
(RFA) (5 U.S.C. 601 et seq.)
D. Unfunded Mandates Reform Act
This action does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Public Law 104-4).
E. Executive Order 13132
The Agency has determined that this action will not have a
substantial direct effect on States, on the relationship between the
national government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132, entitled Federalism (64 FR 43255, August 10,
1999). Executive Order 13132 requires EPA to develop an accountable
process to ensure ``meaningful and timely input by State and local
officials in the development of regulatory policies that have
federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' This action does not alter the relationships or
distribution of power and responsibilities established by Congress.
F. Executive Order 13175
The Agency has determined that this rule does not have any ``tribal
implications'' as described in Executive Order 13175, entitled
Consultation and Coordination with Indian Tribal Governments (65 FR
22951, November 6, 2000). Executive Order 13175, requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by tribal officials in the development of regulatory policies that have
tribal implications.'' This final rule will not have substantial direct
effects on tribal governments, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes, as
specified in Executive Order 13175. Thus, Executive Order 13175 does
not apply to this rule.
G. Executive Order 13045
This action does not require OMB review or any other Agency action
under Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997).
H. Executive Order 13211
Because this final rule is exempt from review under Executive Order
12866 due to its lack of significance, this final rule is not subject
to Executive Order 13211, entitled Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355,
May 22, 2001).
I. National Technology Transfer Advancement Act
This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note).
J. Executive Order 12898
This action does not involve special considerations of
environmental justice related issues as required by Executive Order
12898, entitled Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations (59 FR 7629, February
16, 1994).
IV. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and the Comptroller General of the United
States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 710
Environmental protection, Chemicals, Hazardous materials, Inventory
Update Reporting, IUR, Reporting and recordkeeping requirements, TSCA.
Dated: December 15, 2006.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.
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Therefore, 40 CFR chapter I is amended as follows:
PART 710--[AMENDED]
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1. The authority citation for part 710 continues to read as follows:
Authority: 15 U.S.C. 2607(a).
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2. In Sec. 710.53, revise the second sentence to read as follows:
Sec. 710.53 When to report.
* * * The first submission period is from August 25, 2006 to March
23, 2007.* * *
[FR Doc. E6-21711 Filed 12-19-06; 8:45 am]
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